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Workplace discrimination, especially discrimination based on race or color, can drastically impact your experience in your Glendale, CA, workplace. Going to work each day can feel like an insurmountable task when you know that you are going to face racial discrimination. Unfortunately, this is not an uncommon issue in the United States. The U.S. Equal Employment Opportunity Commission has found that the highest number of claims that they process pertains to racial discrimination. Although California is not an exception to this bias, you have options for handling any race or color discrimination that arises in your workplace.
Nosratilaw, A Professional Law Corporation, is accustomed to handling workplace discrimination cases, including race discrimination. With over 20 years of combined experience, our team is adept at making sure that California workers’ rights are protected. We are hard-hitting advocates for the right to work in a safe environment and work diligently to uphold the law.
Race discrimination occurs when an employer, supervisor, or manager treats you less favorably, or subjects you to adverse action, due to your race or characteristics related to your race, like skin color, hair, or facial features. Color discrimination arises when these same negative actions occur due to the color of your skin. There are two methods for building a discrimination claim:
It is against both state and federal law for an employer to discriminate against employees or potential employees based on their race or the color of their skin. Examples of what this can look like in a workplace include:
Preferential treatment and favoritism in the workplace arise when a supervisor or manager shows special treatment or additional favorable rewards to a worker over other workers, without any connection to performance. Although it may seem unfair, it is not against the law for supervisors or managers to show preferential treatment to employees they like or someone they are related to. This favorable treatment becomes racial discrimination when employees are skipped for promotions or rewards based on ethnicity, race, or color.
It can be difficult to make the distinction between legal preferential treatment and illegal discrimination. You must provide evidence to show that the treatment exceeds simple favoritism and that any bonuses, additional compensation, or other benefits were not afforded to you based on a state- or federally-protected class, such as race.
A: Racial discrimination violates both state and federal laws, but California state law has broader protections for anti-discrimination cases than those found in federal law. For this reason, it is more common for California residents to file with the California Civil Rights Department (CRD) than with the federal Equal Employment Opportunity Commission (EEOC). It is possible, however, to file with both agencies.
A: The statute of limitations for filing a race discrimination case depends on which agency you file with. If you file with the EEOC on a federal level, the statute of limitations is 300 days following the incidence of discrimination. If you are filing with the CRD on a state level, the statute is three years following the incidence of race discrimination.
A: Under California law, you have the civil right to seek and hold employment without discrimination based on national origin, race, or color. If you have been a target of discrimination in your workplace, you can file a claim against your employer. Before you can file the claim, you will generally need to file the complaint with the CRD or EEOC to acquire a “right to sue” notice before your case can proceed to court.
A: Damages pertaining to employment discrimination are meant to replace any losses you incurred due to the discrimination, including monetary damages, equitable remedies, and punitive damages. Monetary damages may include:
Equitable remedies consist of requiring the company to offer you the position you were denied based on your race. Punitive damages are rare but are meant to dissuade the employer from engaging in further discrimination.
A: It is legally possible to fight a race or color discrimination case without the assistance of an attorney. However, it is generally not recommended. Proving discrimination can be difficult, especially if your employer attempts to retaliate against you for filing the claim. Working with a race discrimination attorney can provide you with valuable insight into whether discrimination has occurred, your rights as an employee, and how to collect evidence for your claim.
Employment law litigation can be incredibly complex, especially since your employers are likely to have a legal team set up to fight you each step of the way. Nosratilaw, A Professional Law Corporation, strongly believes that each employee has a right to equal opportunities in employment, with no exceptions. For this reason, we make it a point to thoroughly learn the state and federal laws that protect the rights of California employees, ensuring our knowledge and skill when helping our clients fight against racial discrimination.
We can work closely with you as you navigate your workplace discrimination claim, offering personalized attention intended to help you feel supported throughout this process. If you believe that you have been affected by racial discrimination, contact Nosratilaw, A Professional Law Corporation, today.